Local guide Texas

Collin County, Texas Family Law & Divorce explained: what changes first, support records, and before the file hardens

A place-specific family law & divorce guide for Collin County, Texas centered on filing sequence, support records, before the file hardens, and practical follow-through.

Reviewed January 2026 4 min read Official-source grounded Ver en Espanol En Español
Key Takeaways
  • Texas requires 6-month state + 90-day Collin County residency to file (Tex. Fam. Code §6.301); mandatory 60-day waiting period after filing (§6.702)
  • Community property divides "just and right" (§7.001) — RSUs, stock options, deferred comp, and corporate bonuses require careful community vs. separate tracing
  • Texas conservatorship (not "custody"): joint managing conservators typical; Standard Possession Order (Ch. 153) governs parenting time schedule
  • Child support: 20–40% of net resources per number of children (Ch. 154); OAG can establish and enforce orders without private counsel
  • Protective orders available same-day (ex parte) for imminent danger; Genesis Women's Shelter (214-946-4357) and Legal Aid of NW Texas (888-529-5277) provide support
  • Spousal maintenance strictly limited in Texas: must have 10+ year marriage (with limited exceptions), capped by Ch. 8 in amount and duration
Family Law & Divorce guide for Collin County
Photo by Alena Darmel on Pexels

Family law cases in Collin County are heard in the district courts designated as family courts at the Collin County Courthouse (210 S. McDonald St., McKinney TX 75069), with filings processed through the Collin County District Clerk (972-548-4320). To file for divorce in Collin County, at least one spouse must have been a Texas resident for the preceding six months and a Collin County resident for the preceding 90 days (Tex. Fam. Code §6.301). Texas imposes a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized (Tex. Fam. Code §6.702), with narrow exceptions in certain family-violence situations — shorter than the waiting periods in many states, though contested cases take considerably longer. Texas allows no-fault divorce on the ground of "insupportability" — a conflict or discord that has destroyed the marriage with no reasonable expectation of reconciliation — and also fault-based grounds including cruelty, adultery, felony conviction, abandonment, living apart for at least three years, and confinement in a mental hospital (Tex. Fam. Code §§6.001-6.007). Pleading fault can influence property division and spousal maintenance.

Texas is a community property state: property and debt acquired during the marriage are presumed community property and subject to a "just and right" division by the court (Tex. Fam. Code §7.001), which need not be exactly equal. The court may consider factors such as fault, disparity of earning capacity, age and health, and who has primary parenting responsibility. Separate property — owned before marriage, or received during marriage by gift or inheritance — remains with the owning spouse but only if it can be traced and proved by clear and convincing evidence. Collin County's affluent, professional population makes these cases complex. Many spouses work in the corporate headquarters concentrated in Legacy West (Plano) and The Star (Frisco) and have compensation packages that include equity grants, restricted stock units, bonuses, deferred compensation, and employer retirement plans — all of which require valuation and tracing to determine the community vs. separate property split. Business interests in Collin County's entrepreneurial and tech corridor require forensic valuation. Retirement accounts require Qualified Domestic Relations Orders to divide. The marital estate in many Collin County divorces is more complicated than the asset statement suggests.

Texas uses distinctive terminology for child custody matters. Rather than "custody," courts appoint "conservators" and allocate "rights and duties." In most cases, parents become joint managing conservators — sharing many rights and duties — with one parent typically holding the exclusive right to designate the child's primary residence, often within a geographic restriction to Collin and contiguous counties. In cases involving family violence or other serious concerns, one parent may be named sole managing conservator. The "possession and access" schedule (the parenting schedule) commonly follows the Standard Possession Order (Tex. Fam. Code Ch. 153), which typically gives the non-primary parent time on the first, third, and fifth weekends, a Thursday evening (expanded: Thursday through Sunday), alternating holidays, and extended summer possession. Any case involving children — whether filed within a divorce or separately for unmarried parents — is a Suit Affecting the Parent-Child Relationship (SAPCR), and the overarching standard in every decision is the best interest of the child.

Child support in Texas follows guidelines based on the paying parent's "net resources" (Tex. Fam. Code Ch. 154). Net resources encompass wages, salary, bonuses, commissions, overtime, and many other income sources, minus specified deductions (income taxes, Social Security, and health insurance for the child). The guideline percentages are 20% of net resources for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more — with a statutory cap on the income base (adjusted periodically) and downward adjustments for other children the obligor supports. For Collin County's corporate employees with variable compensation, calculating "net resources" from RSUs that vest over multiple years, performance bonuses, and other irregular income requires careful analysis. The Texas Office of the Attorney General Child Support Division (with offices in the Dallas area) can establish, enforce, and modify orders without requiring private counsel, using wage withholding, license suspension, and other enforcement tools.

Domestic violence protection is available through protective orders under Title 4 of the Texas Family Code. The Collin County District Attorney's office and the Collin County Family Violence Task Force coordinate to assist survivors in obtaining emergency ex parte protective orders (available without the abuser present on a showing of immediate danger) and final protective orders after a hearing. Denton County Friends of the Family and Genesis Women's Shelter (214-946-4357; covers North Texas) assist Collin County survivors with shelter, advocacy, and legal help. Final protective orders can last up to two years or longer in cases of repeated or serious violence, prohibit contact and weapon possession, and address temporary custody. Legal Aid of Northwest Texas (888-529-5277) assists income-qualifying survivors with protective orders, divorce, and custody matters, and the Collin County Bar Association referral service (collinbar.org) can connect residents with family law attorneys.

Sponsored

Need divorce or family law documents?

Separation agreements, custody plans, and property division — ready in minutes.

Sponsored links. Affiliate disclosure · Compare all options